Man sentened to 8 years for child porn

Published 12:00 am, Tuesday, December 9, 2014

Editor’s note: The content of this article may be disturbing to some readers.

EDWARDSVILLE — An Alton man was sentenced Tuesday to eight years in prison for a Class X child pornography charge in which he was accused of possessing and distributing a video of a child engaged in an act of sexual nature with a dog.

Donald L. Phillips, 67, of Fullerton Avenue could have been sentenced to up to 30 years for the Class X felony, but Associate Judge Neil Schroeder said he believed the tearful testimony of Phillips’ family members who said he was a good man, aside from the crime he committed.

Phillips pleaded guilty earlier to a Class X count of child pornography in exchange for a prosecution agreement to drop two similar charges. Authorities also agreed to a cap on the sentence of 20 years. Phillips will have to serve at least four years of the sentence.

His daughter, Tammy Phillips, suggested he may have committed the crimes after his wife died, and he became reclusive and depressed.

“I think Dad was lost,” she said. “Before that, he was a good father and a hard-working man… He was a wonderful man, he doesn’t deserve to be here.”

Daughter Rebecca Phillips agreed with her sister.

“He doesn’t need to go to jail. He’s not a bad person. He would never hurt anyone,” she said.

Two grandchildren also testified that he was a kind and giving man.

Grandson Jacob Phillips said he and the defendant were very close. They enjoyed camping, hunting and fishing trips together.

However, Assistant State’s Attorney Kathleen Nolan noted that each time the tape is played it constitutes an instance of child sexual assault.

“It is not a victimless crime,” she said.

The files are available through a file-sharing program, and each time a sex offender views one of the files, it becomes available to others, she pointed out.

“Every time the video is watched, the victim is again victimized,” she said. She said Phillips did not make a single mistake. He made a calculated effort to view the material repeatedly, she pointed out. She asked for a sentence of 12 years.

Assistant Public Defender Tyler Bateman argued for a minimum sentence on the basis that he had no criminal record and the testimony of several family members that he was a good father and husband.

Bateman said his client worked all his life and celebrated a 40th wedding anniversary before his wife died. He worked at Mead Packaging in Godfrey and tried to go back to work after a heart attack, Bateman pointed out. He said that, because of Phillips’ ill health, any sentence could be a life sentence.

“I cannot think of any case that warrants a minimum sentence more than this one,” he said.

Phillips cried as he read a statement in his own behalf. He asked for mercy and said he wished to apologize publicly to his family.

“I am sorry for making the biggest mistake of my life. I will not make another mistake like that again,” he said.

The judge said he believed Phillips was a loving and giving man, but his family members do not know the other side of him.

He pointed out child pornography is a very serious crime.

“This is a Class X felony. The only crime more serious that this is murder,” he told Phillips.